Paul Peter Nicolai Feb 11, 20201 minGovernment Agencies Cannot Seek Patent ReviewIn 2011 Congress passed the America Invents Act (“AIA”). It changed the patent system from a first-to-invent to a first-inventor-to-file...
Paul Peter Nicolai Jan 28, 20202 minOvertime Exemptions RedefinedA ruling from the Supreme Court overturns 80 years of case law on the subject of FLSA overtime exemptions.
Paul Peter Nicolai Jan 21, 20202 minPaid Administrative Leave Not Necessarily Safe HarborA court has ruled that paid administrative leave does not necessarily shield an employer from employment litigation liability.
Paul Peter Nicolai Jan 15, 20201 minPatent Invalidity Means No Infringement To be the subject of an infringement action, a patent has to be eligible for protection. Invalidity of the patent is a defense.
Paul Peter Nicolai Jan 7, 20201 minCompetitor Can Sue Over Biased White PaperA company can sue a competitor that hyped a white paper criticizing its products without disclosing that it commissioned the report.
Paul Peter Nicolai Dec 30, 20191 minFederal Au Pair Program Workers Get Full ProtectionAn agency that sponsors au pairs under a federal program sued Massachusetts claiming the federal program that brings au pairs to the...
Paul Peter Nicolai Dec 23, 20191 minInvestment Fraud Proof RequirementsA fraud case requires that a statement of fact made must be knowingly false when made and designed to be relied on by the party.
Paul Peter Nicolai Dec 17, 20191 minEMTALA Whistleblower Analysis ClarifiedEMTALA is a law to prevent hospital emergency rooms from dumping patients. A case laid out analysis for determining whistleblower rights
Paul Peter Nicolai Nov 14, 20191 minMass OT Ruling Declared RetroactiveWe recently reported that the Massachusetts Supreme Court ruled that salespeople who are paid on a 100% commission basis are entitled to...
Paul Peter Nicolai Nov 1, 20191 minLimiting Experience & Age DiscriminationA 58 year old experienced but unemployed attorney applied for a job as a Senior Counsel that required the ability to assume complex...
Paul Peter Nicolai Oct 17, 20191 minMass Retailers must pay OT to commission-only salespeopleRetail salespeople paid on a 100-percent commission basis are entitled to separate additional payments at one and a half times the...
Paul Peter Nicolai Jul 9, 20191 minArbitration is a ContractArbitration is a contract. The contract rules what happens in an arbitration, regardless how counterintuitive the result might be.
Paul Peter Nicolai May 31, 20192 minNon-solicitation Restriction Labelled Improper RestraintA company that provided temporary travel nurses to medical care facilities hired recruiters with an agreement restricting them from...
Paul Peter Nicolai May 4, 20191 minPERMANENT NON-COMPETE REALLY ISA 2005 court-approved settlement agreement permanently enjoined the defendants from hiring anyone previously employed by the plaintiff....
Paul Peter Nicolai Apr 22, 20191 minACTUAL COPYRIGHT REGISTRATION REQUIRED FOR SUIT In a recent decision, the US Supreme Court ruled that an actual copyright registration from the US copyright office is required to be...
Paul Peter Nicolai Apr 18, 20191 minLLC MEMBER FIDUCIARY OBLIGATIONSTwo former members of a limited liability company were sued by it for breach of fiduciary duty. They moved to dismiss the case because...
Paul Peter Nicolai Apr 4, 20191 minCalifornia Joins ABC TestCalifornia's Supreme Court has ruled that the standard for classifying employees or independent contractors should be changed from the...